The URL can be used to link to this page

Home My WebLink About2005-04-22 Recorded Decision Definitive Subdivision SK ?633 ' TMd is to certify that teat 2 )fee 1(ilfl have elapsed ftom date of decision,filed �,; � 4t out fillng of an appeal. � �,".�:,� •_ , " Date,, .�.., Town Clerk Town of North Andover PlannerTown Offift of the PhwningDepartment Lincoln Daley Community Development 400 Osgood Shret North Andover,Massachusetts of 845 h -1 otowno� en ► r. . (978,) 88'-9 3 .. NOTICE'of DECISION -- r 4 A, c::' y a ay be filed within ate. ► '"i ;� ,2 ;� 1 twenty(20)days der Hearin Dates:January 18, 2005 thru the date of�filing this Notice April 1 ,2 , "� n ce of Town C e�rk. Petition off: Chatnut Dom"'` W 'neat Cq 231 Sutton Street r Ti . Northa over,.�.�w'w 1�i 01845 1, 8*^" Pre Afl a Autumn Chase("Molly Town Road"), Summer Sit North Adorer. Reefe r to the above etit on for a S is P t for a Der e� �. ` C"Molly Towne Road"). The application was��t �eo n "' � ;�� e"te and was noticed and re�""��e�'e��n ql4) accordance with the procedures for review and approval�accordance with the Rules s and R tio C M oe the Subdivision, M.�ir„ 4fsu� 1 ion Control . So as to allow: For corral construction or a development . . . pp p , t of definitive subdivision on consisting IQ^A Af CD Of 16 sMngle- ply residences and approximately ten(10),acres off"Usab le Open Space within the Residential (RAN,2)Zoning District. At a public lic hearing iven on the said date above,the p d voted unanimously(4-0) to APPROVE efft Subdivision Special P ' for the ►.0 C 6 single-family residential C pa subdivision h o s accordance with the follow, conditions: .. Sipw• ► Lincoln J. Daley; TdWn Planner Cx 0 Applicant Engic r Alberto Angled Chairman Abutters John Snons DPW Richard Nardela Building din, en Gage White ATTLSD`; �, Cons ration DepartmentJames Phinney A Truedopy ZBA Heald Department po��o Town Clerk Bo of APPEAL S 688- 541 BUILDING 6 -9545 CONSERVATION -9 30 E LTH 88M-9544 PLANNTNG688.,9535 s BK � '�'� .�` Raw 2`9 Autumn Chase • . . . �"��* � §'� 4 Definitive ve Subdmmsion Conditional App rovo 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen to consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to i qxd the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Pla g Board throughout the duration of the project. The monthly reports shall detail areas of non-compliance, if any, and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: g a) A Site opening Bond in the amount of fifteen thousand ($15,000) dollars to be held b y the Town of North Andover. The Site Opening Bond shall be in the form of a check payable to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board Po Said lots may be released from the covenant u n Pasting of security as required in Condition 5(c). b) The applicant must submit to the Town T'humer a FORM M.for all utilities and easements laced on the subd0 0 i p son, c) All subdivision application fees must be paid in full and vented by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans confO rm to the Boar(fs recorded decision. A full set of find plans refleedng any required changes outlined in VHB's report dated April 1, 2005 must be submitted to the Town Planner for review prior to endorsement by the Planning Board. These plans must be submitted within ninety (90) days of Ming the decision with the Town Clcrk. e) The Subdivision Decision for this project must appear on the myhws. f) A phased Development Schedule must be submitted for signature by the Plannin Boar which g � conforms to Section 4.2 of the North Andover Zoning Bylaw. The schedule must show building permit elig*bility by quarter for all lots. g) A ff documents shall be prepared at the expense of the a licant, as required by' the Pla nn in Board - Rules � g Rules and regulations Governing the Subdivision of Land. h) Final water service and water pump designs must be approved by the Division of Public Works 'or the P lannin ' �g Board's s endorsement of the regard plans. A memorandum from the DWv, ision of Public works confirming these plans have been approved must be provided to the Planning Department Page 2 of 7 ti BK 9633 PG 294 Autumn Chase Definitive SubdivWinII Conditional Approval 3) Prior to ANY WORK on site: a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. b) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. c) Police details will be provided as necessary.The applicant shall coordinate the construction schedule with the North Andover Police Department and submit a final schedule to the Planning Beard prior to construction commenc ing. , 4) Prior to Construction on Site: a), Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 5) Throughout and During Construction: a) Dust mitigation(such as dewatering)and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planners throughout the construction process. h) S. eeed sweepir,,v twe paForrm d,at le-ast one per nonth,throughout the cons tr lction pI'ocess,or more frequently as directed by the Town Planner.' c) Hours of operation during construction are limited from 8 a.m.to 5 p.m.,Monday through Saturday. 6) Prior to any lots being released from the statutory covenants: a) Three(3)complete copies of the endorsed and recorded subdivision plans and one(I)certified copy of the following documents:recorded subdivision approval, recorded Covenant(FORM I), and recorded FORM M must be.submitted to the Town Planner as proof of recording. b) The applicant must submit a lot release FORM J to the Planning Board for signature. c) A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include,but shall not be limited to: i) as-built drawings; i i) sewers and utilities Ill) roadway constrwfion and maintenance iv) lot and site erosion control v) site screening and street trees . vi) drainage facilities vii)site restoration yili)fmal site-cleanup Page 3of7 BK 6 %,3 95 Autumn Cha9e Definitive SubdM" Nion 9 PF{ 4-0 Conditional Approval d) The Planning Board has determined that due to the sizes scale and complexity of this projeq,outside inspectional services shall be provided by the Town's Consulting Engineer,at the applicant's cosh in accordance with Section 5.7.3(a)of the Town of North Andover Subdivision Regulations.As such, the applicant shall request an estimate of the inspectional services from the Town Planner, and the Town Planner shall provide the applicant with this estimated cost. The applicant shall then deposit that amount of funds in an account'with the Planning DepartmeK which will be utilized to pay for these required hLspectional services, The applicant shall conform to the genes construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. 7) Prior to Building permit nuance for an individual lot, the followinginformation is required b the � y PlanningDepartment: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) A plot plan for the lot in question must be submitted,which includes all of the following: i) Location of the structure, ii) Location of the driveways, iii) Location of the septic systems if applicable, iv) Location of all water and sewer lines, v) Location of wetlands and any improvements required under a NACC order of condition, vi) Any grading called for,on the lob vii)All required zoning setbacks, vni)Location of any drainage,utility and other easements. c) All appropriate erosion control es for the lot shall be in lace. The Planriin Board or Staff . P g make final determination of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all lots. e) An as-built plan must be submitted to the Division of Public works and VHB for review and approval prior to acceptance of the sewer appurtenances for use. f) The roadway must be-constructed to at least binder coat of pavement to a ' pa properly cress the lot in question. Prior to construction of the binder coat;, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Dent of Public works an uuterim as-built, certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet. The interim asr-bunt plan shall be prepared m accordance with the definition listed in Section 1.3.3 of the Town of.North Andover Subdivision Regulations and Section 5.14 of the Town of North Andover Subdirvision Regulations. g) Any driveway peanuts required for the new lots must'be secured and all fees paid for from the Department of Public works, along with necessary sewer connection, water connection, and sewer mitigation Pennits.Proof of the secured driveway petmiits and payment of water and sewer fees shall be provided to the Planning Department h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department. Page 4 of 7 r . PLIK 9633 296'Autu mn Chase Definitive Subd"' ion PG Conditioned Approved i) All new homes must contain a residential fire sprinkles' system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Dqwtment. plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 8) Prior to a Certificate of occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. c) Pennanent house numbers must be posted an dwellings and be visible from the road. d) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement.of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's ex xnw if such driveway is at a catch basin or stone bound position. e) If a sidewalk is to be constructed in front of the lot the.applicant shall submit an as-built plot plan to the Town Planner depicting the sidewalk has been constructed. f) Any and all street trees required to be-planted in front of the lot shall be planted. The applicant shall submit an as-built plot plan to the Town Planner catifying that the street trees have been planted. 9) Prior to the final release of security retained for the site by the Town,the following shall be completed by the applicant: a. An as-built plan,and profile of the site shall be submitted to the DPW and Planning Department for review and approval, in accordance with Section 5.14 of the Town of Noah Andover Subdivision Rules and Regulations. b. The applicant shall petition Town Meeting for public acceptance of the street in accordance with Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public works. The Planning Board shall hold a portion of the subdivision bond for continued maintmanee and operations until such time as Town Meeting has accepted (or rejected in favor of private -ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds and copies provided to the North Andover Planning Department" 10) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and Division of Public works requirements are satisfied and than construction is in strict compliance with all approved plans and conditions. 11) The applicant shall adhere to the following requirements of the Fire Department: Page 5 of 7 Autumn Chase Definitive Subdivision �K 9 6 3 3 P G 49 7 Conditional Approvval a) Open burning is allowed by permit only after consultation with the Fire Department b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 12) There shall be no burying or dumping of construction material on site. 13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies, 15]Any action by a Town Board, Connrnissior4 or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilitnesa grading or no cut lines, nma be y subject to Modification by the Planning Board. 16)The utilities must be installed and the streets or was cued to binder ' y coat two ears from this approval. If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Board has'not granted an extension by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 17) Tree cutting shall be kept to a minimum throughout the project to uainimize erosion and preserve the natural features of the site. If any tree cutting occurs'outside of the no-cut line as shown on the a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw. 18) The following waivers from the Rules and Regulations Governingthe Subdivision of Lan North d, Andover, husett�, November 2000, amended December 2002, have been GRANTED b the y Planning Board.. These waivers have been granted as the Planning Board has determined that..the caLlnxtioii of the proposed roadway should retain the rural character of the neighborhoods ' r i4 specifically Rea and Chestnut Streets. Furthermore, the waivers granted will minimize the impact to the surrounding slopes and wetlands,and abutting properties. a) Waiver from Section 5.4.4.3a-c Public Service Impact on Fire, Schools and Police has been ed. This waiver is granted due to the fact that the applicant has submitted plans to the above departments and provided them ample opportuii4 to comment on the proposed impact the subdivision may have on their respective departments, b) waiver from Section 6.8,1,roadway width has been ed. This will allow for a 24-f$�� oot roadway width vs,the required 26-foot roadway width, c) waiver from Section 6.8.1, eui-de-sac maximum lei has been granted. This will length gran allow for a 817 (+/-) foot cul-de-sac vs. the maximum length of 600'. Due to the provision Of residential fre sprinklers and the Proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-de-sac length. 19) This Definitive Subdivision Plan approval is based upon the following information incorporated into this decision by reference: Plan titled: Definitive Subdivision and Special Permit Plan .Autumn Chase in North Andover,MA Page 6 of 7 3 PG Chase De aitive u . 6_ o 29'43- Autumn fi S bdmrsma Ba ,,� � Cond itio sal Approval Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 018I0 Dated: December 1,2004,revised:April 5,2005 Sheets: I through 17 Scale: 15'-=4W Study titled: Project Repot on Drainage&Sedimentatlon Control Molly Towne Road,North Andover,Massachusetts Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 0 1810 Bated: December 14,2004, :March 8,2005 leas Titled: Concqftal Streetscape&Buffer Planting Plan and Landscape Details Autumn Chase in North Andover,MA Prepared for: Chestnut Realty Development,LLC Prepared By: huntress Associates,Inc. 17 Tewksbury Street Andover,MA 0 181 0 Dated: March 21,2005 Sheets: 1 through 3 Scale: I" 4Q' Report titled: Traffic Impact&Access Study dY Prepared for: Chestnut Development,LLC Prepared By: Dermot J.Kelly Associates,Inc. 280 Main Street, Suite 204 North Reading,MA 01864 Page 7 of 7